commissioner fung: i think that locates it. >> how high? >> seven feet tall. >> i would like to have that marked and submitted so we can use as reference. it doesn't have to be attached to the notice, but a reference for the file. commissioner fung: accepting the appeal, granting the appeal on condition -- can i make the motion? president garcia: please do. commissioner fung: commissioners, i will move that we accept and condition the permanenit that a privacy screen wall, 7 feet high be added to the deck starting at a 0.3 inches from the edge of the existing -- at a point three inches from the edge of the existing appellant's window and extending to the edge of the deck. i said seven feet atll. -- tall. and of a lattice type detail. president garcia: that as architectural lattice. >> we will base it on the exhibit. commissioner fung, can we base that on the exhibit submitted by the parties that hearing? -- at hearing? and that this is an agreement reached by the parties? commissioner fung: yes. thank you folks for working that out. preside

commissioner fung: whatever. the second question is your department handles all the database for this program. >> the department had to create a new database for this program once we were provided, you know, the direction from members of the board through legislation to start managing this new program. commissioner fung: and your department tracks and monitors the application process? >> for new applications and for all police department permitees who came to us within 90 days, yes. commissioner fung: let me restate that a little bit. as an example, the building department has a permit process whereby they have the final approval and also goes out to a number of departments who sign off but they're responsible for tracking it? your process here also has multiple departmental, from department of health, police, etc., right, that have to sign off on the application? >> that would be correct. commissioner fung: and your department has the responsibility to track and monitor that those have been signed off? >> that w

commissioner fung: ms. short, it's kind of interesting to have a case here on fell street when we had one on fell last week. >> oak last week. commissioner fung: reasonably in the same area. not necessarily exactly. but my question relates to, does the city have good information on when these trees were planted throughout the city? >> the quick answer is no. we have good information on some parts of the city, and we certainly have good information on trees that have been planted in the last 20 years or so. but prior to that, we have records, permit records if the trees were planted with a permit which does even occur on city maintained streets sometimes and in some cases when they were part of, for example, a redevelopment area then we have those records. commissioner fung: for the older stuff which i'm curious about is, i assume that most of the city maintained trees were not planted at the same time as the other ones. >> that's true. there's a wide range of -- commissioner fung: as an area developed, perh

commissioner fung: i have a general question for mr. murray.çhas there been any further actions by your board related to ada processes? >> no, there have not. commissioner fung: thank you. commissioner hillis: just one question. the time period between the filing of the appeal in 2008 and being rescheduled until 2011, that was to let it go through the legal process and the lawsuit to be -- >> that is right. the appellate was not a party to the lawsuit. because he believed he had issues related to the subject matter of that litigation, he and the department had asked that the matter be put on hold. commissioner hillis: thank-you. >> i should ask if there is any public comment on this item. ok. commissioners? commissioner fung: move the adoption of the findings. >> ok. if you could call the roll, please? >> did you want to comment on how well they were written? commissioner fung: they were extremely well done. >> we have a motion to adopt the findings. on the motion -- president garcia: aye. commissioner hillis: aye. >> thank you. the vote is 3-0

>commissioner fung: we are not normally so draconian in our approach. the way it was proposed before doesn't make any sense to me. for privacy purposes. president garcia: that is why is ai said i thought it would be directly reasonable to have a screen that is perhaps a little wider than your client's screen. perhaps make it five feet where you have a foot on either side and 6 feet high just so that psychologically, there is not someone standing directly -- or with vantage point, it will continue to exist. >> just to follow up on that, based on what the appellants were saying earlier, i don't think there was an understanding that people in the kitchen could actually see into the bedroom and that maybe the reason for the proposal. i did not address that viewpoint that i think the 90-degree screen with addressed -- would address. commissioner fung: if you stand in the corner, you are closer than anywhere else. >> i would do the screen. i did the red mark on there, those are my red marks. i would do the 90 degrees and the 3 ft. covering the window and mayb

commissioner fung: what are you willing to do? >> at this point, i am less inclined, i guess, the security bars -- that is fine. i am not willing to let them dictate the design of anything on the bacdeck. it is a project i have put a lot of time and energy -- the only access to the yard is through the basement. i work hard and would like to come home and have weekends to be able -- this would allow me to get a cup of coffee and to sit in my backyard and read the newspaper. just trying to improve the house. commissioner fung: my last question would be the floor level at the kitchen is lower than the floor level at the bedroom? >> that is correct. >> i understand and appreciate you giving us this sort of background on the efforts to try to not be here today. i'm wondering if, and i u nderstand you have put a lot into the design of your deck. you you believe their libyan opportunity for you to have another set down -- sit down and work that peace out? >> yeah. i would be still willing to talk about it, i just don't feel like it shoul

on that motion -- commissioner fung: aye. vice president garcia: aye. commissioner hwang: aye. >> this matter is rescheduled to february 8. president goh: we will move now to item number one, general public comment. is there anyone who would like to speak on an item that is not on our calendar? seeing none -- oh, please step forward. >> good evening. this is indirectly related to an item on the agenda tonight. president goh: we should wait and speak during the item. thank you. any public comment under item number one? we will move to item number two. that is the election of officers. the rules state that the president and vice president shall be elected at the first regular meeting of the board held after the 15th day of january each year. tonight is the board's first meeting after january 15 for it as such, the election of officers is on our calendar. before we proceed, i want to take the opportunity to thank president goh and vice president garcia for your service. you have been helpful and supportive to me and the department. i truly appreciate it. p

president garcia: i tend to agree with commissioner hillis and commissioner fung.i don't know if it would apply if reapplication could be made, but i would be wanting to look at possible other solutions, some of which have been raised here tonight. i would like to be better informed. i will assume that whatever action is being taken by government with ada is stayed. your obviously seeking a solution and until that this happened, i can't imagine it will have any bearing on the lawsuit. >> i believe it is a private lawsuit, it is not a government action. >> and the parties involved are private but it is being held in federal court. it is an ada issue. it is under the americans for disabilities act. >> i assume you would prefer us to continue this than to uphold the appeal? >> continuation might be a good idea. president garcia: i think it is a real good idea. mr. nathan, i'm sorry, i do have a question. how long do you think you need to come back to the school with some more information? >> 30 to 60 days. >> the concept is not that difficult to run past bsm. we have

commissioner fung: ok. all right. commissioner goh: i have a question that brought to mind, ok, if mr. castillo is applying for a permit for the same location, is there any weight given to -- i don't know if it's true or not but we heard there's allegations he's been running that cart without a permit for some time. >> this is the first time the department of public works has been informed. we've been informed previously and once it was brought to our attention, we directed mr. castillo to cease and desist and at such time he acquire as permit under public works to operate. my understanding is right now we hav other objections except from mr. as -- ascarrunz and once the information was provided to us we sent inspectors out to validate and there was no one up there to inspect it. commissioner goh: he was given a cease and desist and he did cease? >> that's correct. president garcia: i don't understand, this gentleman, the appellant, mr. ascarrunz has two permit with, one for 28 and one for 2300 block of mission. so on

commissioner fung: aye. h vice-presidentwang: aye. commissioner goh: aye. >> the motion is approved. >> moving back to item number five, a few jurisdiction requests. the board received a letter from jakke bryson requesting that the board takeover jurisdiction over variants case 2010. $1.74v -- 2010.1074v and a permit -- and a building permit application. the appeal period ends on may 16, 2011 and june 16, 2011. the jurisdiction requests were received at the board office on december 30, two dozen 11. the project, rear yard variants, adds one dwelling unit at the second and third floors within a three-story building that covers the entire lot. the project of the building permit is an interior renovation within existing shell including 730 square feet on outdoor open space within to corker corp. -- within two courtyards, subtracted from building volume, new windows on the north west and south facade, no change to the east facade, no change to a number of parking spaces, conversion of offices to residential single family. >> good evening.

. >> i think i would agree with commissioner fung.i don't think we have enough information on the alternatives to make the best decision and allow what i think is a permanent impedimenta on the sidewalks. this is not a big hill, this is a slightly modest bounce low -- downslope. they will show the picture of the railing here to get more of these throughout the city. i would like to explore other options, whether that means continuing and allowing them to come back or supporting commissioner fung in granting the appeal. president garcia: i tend to agree with commissioner hillis and commissioner fung. i don't know if it would apply if reapplication could be made, but i would be wanting to look at possible other solutions, some of which have been raised here tonight. i would like to be better informed. i will assume that whatever action is being taken by government with ada is stayed. your obviously seeking a solution and until that this happened, i can't imagine it will have any bearing on the lawsuit. >> i believe it is a private lawsu

commissioner fung asked for photographs. i have a few more. here is one of that shows bracing that was done by the former owner. rather than replace the stairs as we hope to do. some additional bracing here. it was done by mr. rossi. and another area that was done that needs to be fixed with perhaps. the stairs need to be replaced. there are disputes between the owners. it is unfortunate that i thought we had reached a negotiation and then she wanted it done in accordance with the rent ordinance. that meant her eight year lease was terminated. we are at an impasse again. we stand ready to do the bathroom. since then, she called out the environmental protection department. and there are lead paint issues. she needs to move out for us to do that work. it is indisputable with the lead paint. the entire building was cited for lead paint. a contractor who is going to be doing the stairs did a painting on the three outside walls. that has been signed off on. as far as i now, it was all done well with proper relations with the tenants and within a re

>> commissioner fung, is that on the basis of no error? >> that is correct. >> we have a motion from commissioner fung to deny the appeal on the basis there was no error by the zoning administrator. president garcia: aye. vice president hwang: aye. commissioner goh: no. >> the granting of this variance is up held. vice president hwang: we will move on to item number 12. francis mcdonald vs department of building inspection. the property at 340 spuruce street. permit to alter a building. application number 201130 four zero. we will begin with the appellant. >> good evening, my name is francis mcdonald. >> if you would pull the microphone closer. >> week, the tenants, on this building -- we, the tenants, of this building have been penalized when they hire unqualified contractors who do work beyond the scope of a permit when i do request to permit. as they did in the case of -- construction to read it was not a certified contractor at the time they began their work. they did corps' work. by the end of their work they did get to the certificat

the fda has found traces of fung fungacide, it does not pose a health threat. right now it is not issuing a recall. >> i i would still keep buying orange juice. >> so basically if the fda says it is okay you're okay with it. >> i trust their calls. >> the testing comes after it was discovered last month in orange juice samples and canada. from oranges to apple stores, one of the busiest in the country, but some things shoppers don't like about it. smart money says despite the crowds, many customers have common complaints. employees come off as smug. they're hard to get to especially the ones in the mall and they complain about long waits. the good news is there's a new retail store chief who is making less intimidating and more customer friendly. >>> facebook makes us feel good. a study shows the average facebook user gets more data than they put out. a small group of power users tend to do more tagging, liking and -- most of us get more emotional support than we have to give. a study last month showed the exact oppositement we don't know what to belief. facebo

it's, like, you can dig, but fung eye grows back. >> they say the university has not made efforts to meet demands to halt or reverse the rising costs of tuition. the university says yes, tuition has risen and that 65% of the students receive financial aid. 40% pay no tuition because receiving a scholarship or grant. >> eight school employees will stay on leave while investigators try to indicate whether they trialed to report possible accuse of children. the teachers and teacher aids ended up on leave after police arrested this woman. a special education teacher that faces charges of assault and child cruelty. police and fruiters accuse of slapping and kicking the stomach of a 5-year-old student, withholding food from another. >> she's saying none of the conduct was child abuse. she denies these allegations. she looks forward to her day in court. no supervisor told her that she was doing anything wrong. >> she is free on $15,000 bail tonight. >> a woman accused of setting off a drug-related explosion that injured herself and a 12-year-old boy today. she began crying when entering the

. >> this is fung she. >> i think so. and here is one built in 1958 and it is occupied as a resident and you can take a look: green street and jones. >> across from one of the old fire houses. >> you folks chip in if you want to speak. >> and it's also used as a residence. >> the fire house. we will see another one in a second and not only do we have those in san francisco. here we have a hexagon building and truly a oddity and someone should have checked it in san francisco architectural digest and recently built. what do you think? in san francisco we have other shapes and there was the triangle cafe. it's on 17th -- >> (inaudible). >> 16th and it's right near the new mission bay. now one of the things that i found interesting is the value of the building is not so much in the building but the gigantic pipe and the base of a billboard which probably brings in an enormous income and the building is supplemental. >> because i work for people that rent in the range of 30 to $40,000 a month and i will take a guess that the

commissioner fung: what are you willing to do?> at this point, i am less inclined, i guess, the security bars -- that is fine. i am not willing to let them dictate the design of anything on the bacdeck. it is a project i have put a lot of time and energy -- the only access to the yard is through the basement. i work hard and would like to come home and have weekends to be able

. >> first, i would like to clarify the question that commissioner fung had about elevations on the curbi think i understand the problem. in my drawing, i use the word poc, type of curb. that is the top of the curb for the sidewalk, not the street curb. so the big concern with putting ramps, it would cost many times more money than sidewalks outside. we looked at it and it is very expensive. it involves cutting out the concrete foundation wall, modifications to store front doors, changes toglazing glazin, ramps with handrails. the spaces are very small. installing the interior ramps would involve closing the stores for a least a couple of weeks. there would be a permanent loss of usable rental space for the tenant and the landlord. we would have to get approval for the planning department because it is a building that is more than 50 years old. i think it will be upwards of he the thousand dollars or $100,000. remember, the owner doesn't want to do any remodeling, they just one of the -- want to do what's readily achievable. they don't have to do more than that. it is a concern if they c

the self-help director betty fung is here. i just wanted to congratulate her on 20 great years and present this certificates on behalf of staff. [applause] >> commissioners, on behalf of self-help and the many seniors we serve, we thank you. thank you for your help for the past 20 years. we have been operating at the sunset playground, providing daily hot meals and activities for seniors in the sunset. for some of the scene is we serve, that is the only hot meal they will get during the day because of their financial situation, and also with activities and socialization opportunities we provide, it helps promote physical and mental health. we are thankful for the partnership that has been expanded to the chinatown portsmouth square where we run a center offering a variety of physical activities. we would like to invite all of you to our 20 anniversary celebration tomorrow at the self-help center. we are very happy that supervisor carmen chu and capt. of long from the terror of a police station will be joining us. it would be a

commissioner fung: what are you willing to do?> at this point, i am less inclined, i guess, the security bars -- that is fine. i am not willing to let them dictate the design of anything on the bac

presiding officer is president michael garcia enjoining him as commissioner fung and commissioner hillisoner hwa

. >> on that motion from commissioner fung. president garcia: aye. commissioner hwang: aye. commissioner hillis: aye. >> the vote is 4-0. the permit is upheld with that condition and that finding. thank you. director kim: hello and welcome to the transbay joint powers authority meeting. please call world. >> prior taking roll, i would like to note that director metcalf had a conflict and will not be present today. madame chair, you do have a quorum. director kim: thank you. please call item 3. >> item 3 is communications. i did want to announce that item 7 on the regular calendar will be considered at a future meeting. director kim: thank you. item four. >> board of directors new or old business. director kim: seeing none, item five. >> item 5 is the executive director's report. >> [inaudible] on the design side, we are on schedule with our construction documents. i will ask now for steve to give the presentation on the bulk of the work we're working on now which is construction. thank you. >> good morning, directors. providing construction management oversight. we had a gre

. >> on that motion from commissioner fung. president garcia: aye. commissioner hwang: aye. commissioner hillis: aye. >> the vote is 4-0. the permit is upheld with that condition and that finding. thank you. knows >> the executive director for saint anthony foundation, honored to welcome all of you to this hope-filled and ossetia's differ the foundation. for those of you may have been down in the dining room, today is a special day for all of us, especially our guests. in october of 1950, father alfred bodeker, a pastor just up the street, open the doors of saint and the 's dining room. he saw it as a growing need on the sidewalks outside the church. everyday folks were lining up, searching for food. he felt that handing out a sandwich at the back door was not a dignified way to assess people, and it did not help to address some of the core problems that those folks were facing. so he was able to acquire at the corner of golden gate and jones, an old on a body repair shop, and he converted it into a dining room. from the start, he wanted it called a dining room. and everyone

down again in the future and this is certainly an important story thank you so much reporter elise fung with the republic report about work but absolutely that's it for now we'll be back here quite soon. liz. liz. taking the stairs. to. live. alone welcome to cross talk i'm futile about the right to protection for the right to penetrate as syria continues down the path of destruction and civil war there are loud voices on the international stage the mending some form of outside intervention to end the violence and death is international are moving from sovereignty is right to sovereignty as responsibility the same can the same. cross-talk the possible intervention into syria i'm joined by philip khan left in london he is a lecturer in international conflict at the university of kent a member of the international studies association and the british international studies association also in london we have eight in his hair he is director of the security and international relations program at the university of westminster and in geneva we crossed the steven heine's he is an international l

but doesn't tell me all that much so let's bring in someone who can break it all down for us only fung is a journalist with the republican support dot org welcome to the program lee i know you spent a lot of time talking about this alec group on our one of our shows the tom hartman program but we haven't really given it that much attention here on the show so for those of us who don't know what this group is what it does give us a quick summary. thank you for having me on lucy of the merican legislative exchange council has existed for thirty years it's a nonprofit and her a long time it's existed under the radar secession organization that brings together state legislatures station state legislators excuse me many state senators state assemblyman status and representatives together which corporate lobbyists and those corporate lobbies are paired with these legislators and help them write legislation of it's helpful to the whole gratian is that the lobbyist represent oh i'll be honest i am parts well one of the most. famous ones in recent years is. the corrections corporation of americ

the fda says the fung jude is far below dangerous levels and -- the fungicide is far below dangerouswill not be recalled. >>> it can be hard to fit a regular exercise routine into a busy schedule, but it just got easier for students at arizona state university. the school installed two treadmills with desks attached to them. students who used these stations have experienced less stress, lower cholesterol, lower blood pressure and have maintained their weight. >> your blood is circulating. i feel fresh if that makes sense. >> this is way better. i feel like i can concentrate and i actually care about what i'm doing. >> i was actually just doing this in the library and i was getting really frustrated and i feel while i'm on here i'm not as frustrated. >> i'm glad they don't make us try and do that while wire doing the news. in 45 minutes these girls did their homework and burned almost 150-calories. >> i like to feel fresh, my goodness. >>> on the news edge at 11:00 teenagers rushed to the hospital after playing a dangerous game at a local school. why the school says social media was p

. >> on that motion from commissioner fung. president garcia: aye. commissioner hwang: aye. commissioner hillis: aye. >> the vote is 4-0. the permit is upheld with that condition and that finding. thank you. >> welcome to "culturewire." today we are at recology. they are celebrate 20 years of one of the most incredibly unique artist residency programs. we are here to learn more from one of the resident artists. welcome to the show, deborah. tell us how this program began 20 years ago. >> the program began 20 years ago. our founder was an environmentalist and an activist and an artist in the 1970's. she started these street sweeping campaigns in the city. she started with kids. they had an exhibition at city hall. city officials heard about her efforts and they invited her to this facility. we thought it would coincide with our efforts to get folks to recycle, it is a great educational tool. since then, we have had 95 professional artists come through. >> how has the program changed over the years? how has the program -- what can the public has an artist engage with? >> for t